City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority Concurrent Meeting Agenda - Final Agenda City Council Anthony Silva, Mayor/Chair Paul Canepa, Vice Mayor/Vice Chair (District 3) Elbert H. Holman Jr. (District 1) Katherine M. Miller (District 2) Moses Zapien (District 4) Dyane Burgos (District 5) Michael D. Tubbs (District 6) Tuesday, September 10, 2013 4:00 PM Council Chamber, City Hall, 425 N El Dorado Street Closed Session 4:00 | Regular Session 5:30 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 13-0713 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Five Name of Case: Wells Fargo Bank v. City of Stockton (San Joaquin County Superior Court Case No. 39-2012-00277662) Name of Case: Wells Fargo Bank, National Association, as Indenture Trustee v. City of Stockton (San Joaquin County Superior Court Case No. 39-2012-00280741) Name of Case: In re City of Stockton, California - Debtor (United States Bankruptcy Court, Eastern District of California Case No. 2012-32118) Name of Case: City of Stockton v. Marina Towers LLC, et al. (San Joaquin County Superior Court Case No. CV022054) Name of Case: Richard Price, et al. v. City of Stockton, Redevelopment Agency, et al. (United States District Court, Eastern District Case No. CIV.S-02-0065 LKK JFM) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. City of Stockton Page 1 Printed on 9/4/2013 City Council Meeting Agenda - Final September 10, 2013 Department: City Attorney 3.2 13-0714 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Bob Deis Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA) This Closed Session is authorized pursuant to Section 54957.6(a) of the Government Code. Department: City Attorney 3.3 13-0715 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b). Department: City Attorney 3.4 13-0716 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(c). Department: City Attorney 4. PUBLIC COMMENT* *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting . 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL 7. INVOCATION/PLEDGE TO FLAG City of Stockton Page 2 Printed on 9/4/2013 City Council Meeting Agenda - Final September 10, 2013 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA** **Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted. 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting . 12. CONSENT AGENDA 12.1 13-0663 LEASE WITH PORT OF STOCKTON FOR PROPERTY STORAGE UNIT RECOMMENDATION It is recommended that City Council adopt a motion approving and authorizing a lease with the Port of Stockton for use of a storage unit for five years at a cost not to exceed $90,000 for the term of the contract. Department: Police 12.2 13-0665 EXTENSION OF CONTRACT WITH UNIVERSAL PROTECTION SERVICES FOR SECURITY SERVICES AT VARIOUS CITY FACILITIES RECOMMENDATION It is recommended that the City Council adopt a motion approving and authorizing an extension on a month-to-month basis of the existing contract with Universal Protection Services for continued security services at various City facilities through December 31, 2013. Department: Police 12.3 13-0667 AUTOMATED PARKING CITATION SYSTEM AND MANAGEMENT SERVICES RECOMMENDATION It is recommended the City Council adopt by motion action findings City of Stockton Page 3 Printed on 9/4/2013 City Council Meeting Agenda - Final September 10, 2013 declaring an exception to the competitive bidding process and authorize the issuance of a Request for Proposals for an automated parking citation system and associated management services. Department: Police 12.4 13-0672 GRANT AWARD FOR AVOID THE 10 DUI CAMPAIGN - SAN JOAQUIN COUNTY RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1) authorize the City Manager to accept the grant award in the amount of $300,000, make all necessary appropriations in compliance with and for the purposes stated in the grant application; 2) execute the grant agreement and all related documents to carry out the purposes and intent of the grant award. Department: Police 12.5 13-0675 APPROVAL OF ANALYTICAL LABORATORY SERVICES AGREEMENT WITH CALTEST ANALYTICAL LABORATORIES FOR THE MUNICIPAL UTILITIES DEPARTMENT RECOMMENDATION It is recommended the City Council approve by motion findings to support and justify an exception to the competitive bidding process and authorize the City Manager to enter into an agreement with CalTest Analytical Laboratories of Napa, CA in the amount of $96,238 for analytical laboratory services through a cooperative purchase agreement with the City of Roseville. It is also recommended that the City Council authorize the City Manager to take any and all appropriate actions necessary to carry out the intent of this motion. Department: Municipal Utilities 12.6 13-0676 APPROVAL OF TOXICOLOGY TESTING SERVICES AGREEMENT WITH PACIFIC ECORISK LABORATORY FOR MUNICIPAL UTILITIES DEPARTMENT RECOMMENDATION It is recommended the City Council approve by motion findings to support and justify an exception to the competitive bidding process; and authorize the City Manager to enter into an agreement for toxicity testing services with Pacific EcoRisk Laboratories of Fairfield, CA in the amount of $103,483 through a cooperative purchase agreement with the City of Visalia. City of Stockton Page 4 Printed on 9/4/2013 City Council Meeting Agenda - Final September 10, 2013 It is also recommended that the City Council authorize the City Manager to take any and all appropriate actions necessary to carry out the intent of this motion. Department: Municipal Utilities 12.7 13-0696 STOCKTON POLICE FOUNDATION MEMORANDUM OF UNDERSTANDING AND FY 2013-14 BUDGET RESOLUTION FOR RELATED TRANSPORTATION OFFICER PROGRAM RECOMMENDATION It is recommended that the City Council approve by motion a Memorandum of Understanding with the Stockton Police Foundation and adopt the attached resolution to establish the first year revenue and expenditure budget of $100,000 for the Transportation Officer program for Fiscal Year 2013-14. Department: Police 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 13-0677 AUTHORIZATION TO ESTABLISH A DEDICATED ESCROW DEPOSIT ACCOUNT FOR THE STATE WATER RESOURCES CONTROL BOARD - STATE REVOLVING FUND PROGRAM TUXEDO AVENUE SEWER REHABILITATION PROJECT RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute an Escrow Deposit and Reimbursement Agreement with U.S Bank, National Association, as escrow agent; and the State of California Water Resources Control Board (State Board), for the Clean Water State Revolving Fund Program loan to the City for the Tuxedo Avenue Sewer Rehabilitation Project. The resolution will dedicate the escrow account as security for the loan and authorize the transfer of funds. Department: Municipal Utilities 15.2 13-0679 REPORT OF EXPENDITURES FOR EMERGENCY REPAIR OF 48-INCH WATER TRANSMISSION MAIN RECOMMENDATION City of Stockton Page 5 Printed on 9/4/2013 City Council Meeting Agenda - Final September 10, 2013 It is recommended that the City Council adopt a motion approving expenditures in the amount of $303,170 to Teichert Construction for the emergency repair of a 48-inch City water transmission main and authorize the appropriation of $303,170 from the Water Fund balance to the Maintenance and Repair Services budget for the repair work. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities 16. HEARINGS*** ***Speakers should hold comments on items listed as a Hearing until the Hearing is opened. If a large number of people desire to speak at a Hearing, the Mayor/Chair may reduce the amount of time allocated to each speaker to three (3) minutes. 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS All proceedings before the City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority are conducted in English. The City of Stockton does not furnish interpreters and, if one is needed, it shall be the responsibility of the person needing one. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meetings of the City Council/ Successor Agency to the Redevelopment Agency/Public Financing Authority, please contact the Office of the City Clerk at (209) 937-8459 at least 48 hours prior to the meeting to enable the City/Agency to make reasonable arrangements to ensure accessibility. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8459. The Agenda is available on the City of Stockton Website: www.stocktongov.com CHALLENGING CITY DECISIONS:The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interest City of Stockton Page 6 Printed on 9/4/2013